The regulations of this chapter shall be subject to the interpretations and exceptions set forth in this article.

(Ord. No. 200, art. 12(intro. ¶), 7-7-1997)

For the purpose of this chapter, access drives may cross a required front yard or be placed in side yards so as to provide access to rear yards and/or accessory or attached structures. Such drives shall not be considered as structural violations in front and side yards. Further, any walk, driveway or other defined pavement serving a similar function shall, for the purpose of this chapter, not be considered to be a structure and shall be permitted in any required yard, as necessary.

(Ord. No. 200, art. 12, § 1200, 7-7-1997)

Essential services shall be permitted as authorized and regulated by law and other ordinances of the village. It is the intent of this section to exempt only such essential services that primarily serve properties within the village from the application of this chapter.

(Ord. No. 200, art. 12, § 1201, 7-7-1997)

The height limitations of this chapter may be modified by the board of appeals in their application to church spires, flagpoles, belfries, domes, water towers, power transmission lines and towers, radio and television towers, masts and aerials, satellite dishes and other similar and necessary mechanical appurtenances pertaining, and accessory, to the permitted uses of the districts in which they are located.

(Ord. No. 200, art. 12, § 1202, 7-7-1997)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alternative tower structure means manmade trees, clock towers, buildings, bell steeples, flagpoles, light poles and similar alternative design mounting structures that will help to camouflage or conceal the presence of antennas or towers and avoid the proliferation thereof.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Applicant means a wireless communication provider who has applied for a wireless communication tower and/or antenna permit pursuant to this section.

Attached wireless communications facilities means wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, etc. A wireless communication support structure proposed to be newly established shall not be included within this definition.

Backhaul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers, or the public switched telephone network.

Co-location means the location by two or more wireless communication providers of wireless communication facilities on a common structure, tower or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Preexisting tower or antenna means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the ordinance from which this section is derived, including permitted towers or antennas that have not yet been constructed as long as such approval is current and not expired.

Public rights-of-way means all public rights-of-way within the village, which are owned by the village or county, either as an easement or in fee simple, including, but not limited to, the public rights-of-way used for streets, highways, sidewalks and alleys.

Telecommunications act means Public Act No. 179 of 1991, as amended by Public Act No. 216 of 1995 (MCL 484.2101 et seq.).

Wireless communication facilities means and includes all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. Such term may include, but shall not be limited to, radio towers, television towers, digital towers, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment building and private and commercial mobile radio service facilities. Not included within this definition are citizen band radio facilities, short wave receiving facilities, radio and television broadcast reception facilities, federally licensed amateur (ham) radio facilities, satellite dishes and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

Wireless communication support structures means structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

(b)

Purpose, intent and goals.

(1)

It is the general purpose and intent of the village to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems as may be required by law. However, it is the further purpose and intent of the village to provide for such authorization only in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, an attempt has been made to balance such potentially competing interests.

(2)

Pursuant to the general purpose set forth in subsection (b)(1) of this section, the goals of this section are to:

a.

Protect residential areas and land uses from the potential adverse impact of towers and antennas;

b.

Permit the location of towers in nonresidential areas only;

c.

Minimize the total number of towers or antennas throughout the community;

d.

Strongly encourage the joint use of existing tower or antenna sites, prominent buildings or structures as a primary location rather than construction of additional single- or multiple-use towers or antennas;

e.

Require users of towers and antennas to locate such towers and antennas in areas where the adverse impact on the community is minimal;

f.

Encourage users of towers and antennas to configure such towers and antennas (stealth technology) in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

g.

Enhance the ability of the providers of telecommunications services to quickly, effectively and efficiently provide services to the community;

h.

Consider the public health, safety and welfare, as well as the safety aspect of wireless communication towers and antennas; and

i.

Avoid potential damage to adjacent properties from tower or antenna failure through engineering and careful siting of tower structures.

(3)

In furtherance of the goals set forth in subsection (b)(2) of this section, the village shall give due consideration to the village's master plan, this chapter, the zoning map, existing land uses and environmentally sensitive areas in considering sites for the location of towers and antennas.

(4)

Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is also the purpose and intent of this section to:

a.

Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impact upon existing population, transportation systems and other public services and facility needs.

b.

Provide for the disclosure of adequate information about plans for wireless communication facilities in order to permit the village to effectively plan for the location of such facilities.

c.

Minimize the adverse impacts of technological obsolescence of any such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner as set forth in this section.

d.

Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historical sites and buildings, natural beauty areas and public rights-of-way. This contemplates the:

1.

Establishment of as few structures as reasonably feasible;

2.

Utilization of co-location, wherever feasible;

3.

Use of structures which are designed for compatibility, including the use of alternate tower structures and the avoidance of lattice structures that are unsightly; and

4.

Consideration of alternative means of providing service, such as a cable microcell network, using multiple low-powered transmitters/receivers attached to existing wireline systems, fiber optic or similar systems which do not require towers.

(5)

The village has also determined that the presence of towers and/or pole structures, particularly if located within residential areas, would decrease the attractiveness and destroy the character and integrity of the community. This in turn may have an adverse impact upon property values. Therefore, it is necessary to minimize the adverse impact from the presence of tower and/or pole structures which have a negative architectural and aesthetic appeal to most persons. It is recognized that the absence of regulation would result in a material impediment to the maintenance and promotion of property values, and further, that this economic component is an important element to preserving public health, safety and welfare.

(c)

Reservation of rights to require franchise. Article 7, Section 29 of the 1963 Michigan Constitution requires that all public utilities obtain a franchise to conduct a local business within the village. The applicability of such requirement to telecommunications providers may be challenged under Section 102(dd) of Public Act No. 216 of 1995 (MCL 484.2102(dd)), which purports to define a telecommunications service as not constituting a public utility service. In addition, recent federal telecommunications legislation may affect the franchising of telecommunications providers, including users of wireless communication towers and/or antennas. Due to these and other pending legal and regulatory uncertainties, and to avoid the expense and delay of litigation that may be unnecessary, the village is not, at this time, requiring a franchise for the siting of a wireless communication tower and/or antenna within the village. The village reserves the right, in accordance with applicable federal, state and local law, to require such a franchise in the future to the extent such a siting may be deemed to constitute the transacting of local business within the village. The issuance of a permit to locate a tower and/or antenna under this section shall not constitute a waiver of, or otherwise adversely affect, this reservation of rights.

(d)

Applicability.

(1)

Preexisting towers and antennas. Preexisting towers and antennas shall not be required to meet the requirements of this section.

(2)

New towers and antennas. All new towers or antennas in the village shall be subject to the regulations of this section, except as provided in subsection (d)(3) of this section.

(3)

Amateur radio station operators/receive only antennas/municipal towers and antennas. This section shall not govern any tower or the installation of any antenna that is under 20 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor shall it govern any municipal tower or antenna utilized by the village in connection with performing its municipal functions.

(e)

Permit application.

(1)

Submission and review procedure. All applications for a new, renewed or amended permit to install, construct, expand, extend, maintain, repair or operate a wireless communication tower and/or antenna shall be submitted for review and consideration in accordance with the following:

a.

A formal written application prepared by a registered architect and designed by a registered engineer shall be submitted to the village building department, along with a filing fee as established by the village council, which amount is deemed to be the amount which is necessary in order to adequately and thoroughly investigate and review the application for compliance with this section and in order that the village may have the application reviewed by technical consultants, where necessary, in order to assure that all current technological considerations have been properly taken into account.

b.

Once the application has been received and the filing fee paid, the building department shall refer the application to the village manager for a preliminary review in order to determine whether or not the application is complete in terms of providing all necessary information required under this section in order for the commission to begin its determination as to whether or not a permit should be recommended. The village manager shall have the discretion to require any additional information he feels appropriate and necessary for referring the matter to the commission for their review and consideration.

c.

Upon submission of the application to the commission by the village manager, the commission shall review the application at a regular or special meeting of the commission, and if the commission determines that the application is complete, then the commission shall schedule a public hearing pursuant to the special approval land use procedures of this chapter, at which time, all aspects of the application shall be reviewed and comments from the public will be taken on the record. Thereafter, the commission shall prepare its recommendation with respect to approval, conditional approval or denial of the application. The commission's recommendation shall be based upon substantial reasons and shall be in writing, and shall thereafter be forthwith referred to the village council for action.

d.

The village council shall review the commission's recommendation and make a determination as to whether or not to approve or deny the recommendation or take other appropriate action.

e.

If the application for wireless communication facilities is approved, the village council shall, at that time, make a determination as to the appropriate amount of a cash, surety bond or irrevocable letter of credit, to be kept on file with the village, which will ensure that adequate funds will be available to tear down and remove any facilities which become obsolete or are otherwise no longer used or serviceable as set forth in this section. It shall be a continuing requirement of any permission given to operate wireless communication facilities in the village that the applicant keep in force any such cash deposit, irrevocable letter of credit or irrevocable surety bond, as required by the village.

(2)

Required information.

a.

A site plan, as referred to in section 40-422, shall be prepared and submitted, showing the location, size, screening and design of all buildings and structures, including fences and outdoor equipment, all of which shall be designed to conform to applicable building codes and this chapter.

b.

The site plan shall also include a detailed landscaping plan, showing where the support structure is to be placed at a location which is not otherwise developed or where a developed area will be disturbed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure.

c.

The application shall include a certification signed by a state licensed professional engineer with regard to the manner in which the proposed structure would fall under the most catastrophic conditions, which certification will be utilized, along with other criteria, such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

d.

The application shall include a description of security, to be posted with the village at the time of receiving a permit for the facility, to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in subsection (h) of this section. In this regard, at the election of the village, the security shall be in the form of cash, surety bond, letter of credit or an agreement in a form approved by the attorney for the village and recordable at the office of the register of deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required, with the further provision that the permittee shall be responsible for the payment of any costs and attorney's fees incurred by the village in securing removal of the facility.

e.

The application shall include a map, showing existing and known proposed wireless communication facilities within the village, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the village in the location and area, which are relevant in terms of potential co-location or in demonstrating the need for the proposed facility. If, and to the extent the information in question is on file with the village, the applicant shall only be required to update as needed. Any such information which is trade secret and/or other confidential commercial information which, if released, would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy (MCL 15.243(1)(g)). This subsection shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring such request to the attention of the village.

f.

The name, address and telephone number of the person to contact for engineering, maintenance and other notice purposes. Such information shall be continuously updated during all times the facility is on the premises.

g.

The application fee, in the amount specified by village resolution.

h.

The owner or duly authorized representative of all ownership interest in the land on which the wireless communication facility is proposed to be located shall sign the application and certify that appropriate legally recordable property rights have been obtained.

(f)

Authorization as special land use. Subject to all of the standards and conditions set forth in this section, wireless communication facilities may be allowed as a special land use in the park/club district under the following circumstances. In addition, though municipally owned land is exempt from the terms and conditions of this chapter, the village intends to apply the same terms and conditions, as well as any other terms and conditions that may be appropriate, when and if wireless communication providers request the opportunity to negotiate a lease for the siting of wireless communication facilities, including towers, poles, antennas and other equipment, on municipally owned land.

(1)

Circumstances allowing special land use treatment.

a.

In the following circumstances, a proposal to establish a new wireless communication facility where appropriate agreements or licenses have been first obtained from the property owners shall be considered as a special land use:

i.

If, at the time of the submittal, the applicant can demonstrate that there is no reasonable means of satisfying the service needs of the system through adaptation of, or addition to, facilities inside or outside the municipal boundaries of the village;

ii.

If there is no feasible alternative or other means of satisfying the service needs, such as a microcell cable link or utilization of other lines, cables, facilities or systems located, or to be located, within the municipal boundaries of the village that would obviate the necessity of installing a tower or other antenna support structure; and

iii.

If any such wireless communication facility shall be of a design, such as, but not limited to, a steeple, bell tower or other form which is compatible with the existing character of the proposed site, neighborhood and general area.

b.

If the conditions set forth in subsection (f)(1)a of this section are satisfied, then a wireless communication facility may be permitted in the village as a special land use, upon recommendation of the commission, following public hearing and approval by the zoning board of appeals, subject to the criteria and standards set forth elsewhere in this section, and also subject to the following:

i.

Wireless communication facilities shall comply with all applicable federal and state standards relative to the environmental and safety effects of radio frequency emissions, as confirmed by submission of a certification of compliance by the applicant's registered engineer.

ii.

Applicants shall submit a detailed written justification for the necessity of a wireless communication facility, as well as a justification for the proposed height of the structure, and an evaluation of alternative designs which might result in lower heights.

iii.

The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and other entities who co-locate on the structure. The accessory building contemplated to enclose such items as switching equipment shall be limited to the maximum height for accessory structures within the district and shall not be larger than necessary to accommodate the equipment. Such building should be constructed so as to allow for expansion if, and as, necessary for future co-location. (See subsection (g) of this section).

iv.

The setback of a new or materially modified support structure from any residential district shall be at least the height of the highest point of any structure on the premises. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall not be less than the height of the structure. Additional reasonable setbacks may be required depending upon the particular circumstances of the proposed site.

v.

There shall be unobstructed access to the support structure for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. Such access shall have a width and location determined by such factors as the:

(A)

Location of adjacent thoroughfares and traffic and circulation within the site;

(B)

Utilities needed to service the tower and any attendant facilities;

(C)

Location of buildings and parking facilities;

(D)

Proximity to residential districts and minimizing disturbance to the natural landscape; and

(E)

Type of equipment which will be needed to access the site.

vi.

The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met. No existing utilities shall be disrupted or interfered with except temporarily as may be required during construction and only then if a written agreement as been procured from the village and the utility company.

vii.

Where an attached wireless communication facility is proposed on the roof of a building, if the equipment enclosure is proposed as a roof appurtenance or penthouse on the building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building or structure.

viii.

For all co-locations served by an accessory building, there should be a single, architecturally uniform accessory building for all providers.

ix.

The commission shall, in its discretion, with respect to the design and appearance of the support structure and all accessory buildings, require construction which creates harmony with the surrounding area, minimizes distraction, reduces visibility, maximizes aesthetic appearance and ensures capability with its surroundings. It shall be the responsibility of the applicant to maintain all wireless communication facilities in a neat, safe and orderly condition, in accordance with all terms and conditions of the permit, applicable ordinances of the village and any applicable state or federal regulations.

x.

The support system, designed by a structural design engineer registered in the state, shall be constructed in accordance with all applicable building codes, and shall include the submission of a soils report from a geotechnical engineer, licensed in the state. The soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use.

xi.

A maintenance plan and any applicable maintenance agreement shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure long-term, continuous maintenance to a reasonably prudent standard.

xii.

Any requirements of the Federal Aviation Administration, Federal Communication Commission and state aeronautics commission shall be complied with. Towers and/or antennas shall not be artificially lighted, unless specifically required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall cause the least disturbance to the surrounding views.

xiii.

At the time of processing, applications shall include the signature of the licensed operator of a wireless communication service. Tentative approval of a permit shall be valid for 90 days. If, during a 90-day tentative approval period, final approval is granted to authorize a wireless communication facility within one mile of the property on which a facility has been tentatively approved, such tentative approval shall expire, unless the applicant granted tentative approval demonstrates that it would not be feasible for it to co-locate on the facility that has been newly granted final approval.

xiv.

The antenna and other attachments on a wireless communication facility shall be designed and constructed to include the minimum attachments required to operate the facility as intended at the site, both in terms of number and size of such attachments, and shall be designed and constructed to maximize aesthetic quality.

xv.

Towers and antennas shall meet the following requirements: Towers, subject to any applicable standards of the FAA, shall be painted a neutral color so as to reduce visual obtrusiveness. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, fencing and landscaping that will blend such buildings and structures into the natural setting and surrounding buildings. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

xvi.

All towers must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the permittee's expense.

xvii.

To ensure the structural integrity of towers, a tower shall be maintained by the users in compliance with standards contained in applicable state and local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the village concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the users of the tower, the users shall have 30 days to bring such tower into compliance. Failure to do so shall constitute grounds for the removal of the tower or antenna at the users' expense.

xviii.

For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the village, irrespective of municipal and county jurisdictional boundaries.

xix.

Towers and antennas shall be regulated and permitted pursuant to this section, and shall not be regulated or permitted as essential services, public utilities or private utilities.

xx.

Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication tower and/or antenna in the village have been obtained, and shall file a copy of all required franchises with the commission.

xxi.

For purposes of this section, any special use request, variance request or appeal of an administratively approved special use shall require public notice to all abutting property owners and all property owners of properties that are located within 1,000 feet of the property on which the proposed structure or antenna is to be located.

xxii.

No signs shall be allowed on an antenna or tower, except safety or warning signs approved by the village.

xxiii.

The applicant shall provide the commission with sufficient documentation to demonstrate that it has acquired all necessary rights from the property owner to erect the tower and/or antenna contemplated, subject only to obtaining a permit from the village.

xxiv.

Any antenna which is not attached to a tower (i.e., it is attached to an existing structure other than a tower) shall not exceed more than 30 feet above the highest point of the structure, and must comply with all applicable building code requirements.

xxv.

No tower shall be erected unless and until a licensed professional engineer certifies that the tower constructionally accommodates the number of shared users proposed by the applicant. Tower height limitations shall be as follows:

(A)

A single user, up to 90 feet in height.

(B)

Two users, up to 120 feet in height.

(C)

Three or more users, up to 150 feet in height.

xxvi.

No new tower shall be permitted unless the applicant demonstrates that no existing tower, structure or alternative technology is available which would otherwise accommodate the applicant's proposed antenna or need. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicants proposed antenna or need may consist of the following:

(A)

No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.

(B)

Existing towers or structures are not of a sufficient height to meet the applicant's engineering requirements and cannot be reasonably modified to accomplish such requirements.

(C)

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

(D)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(E)

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure, or to adapt an existing tower or structure for sharing, are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. The tower facility shall be fenced with an aesthetically pleasing security-type fence, where deemed appropriate by the village.

(F)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(G)

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as cable, microcell network using multiple low powered transmitters/receivers attached to a wireline system, etc., is unsuitable. Costs of alternative technology which exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

xxvii.

Towers shall be enclosed by security fencing when required by the village, which shall be not less than six feet, nor more than eight feet in height, and the tower shall also be equipped with an appropriate anticlimbing device.

xxviii.

The following requirements shall govern the landscaping surrounding a tower; provided, however, that the commission may alter such requirements in such cases that would better serve the goals of this section:

(A)

The tower facility shall be landscaped with a buffer of plant materials that effectively screens the view of the tower base from adjacent properties. The standard buffer shall consist of a landscaped strip, at least ten feet wide, outside the perimeter of the compound.

(B)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

xxix.

All new and modified wireless communication facilities shall be designed and constructed so as to accommodate co-location.

xxx.

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

(g)

Co-location.

(1)

Statement of policy. In order to minimize the proliferation of towers and the adverse visual impact associated with such proliferation and clustering, co-location of antennas on existing towers or attached wireless communication facilities shall take precedence over the construction of new towers, provided, such co-location is accomplished in a manner consistent with the following:

a.

A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower.

b.

If additional height is required for co-location, then the tower shall be relocated to accommodate all setback requirements required by the increased height.

c.

The height of the structure necessary for co-location will not be increased beyond a point deemed to be permissible by the village, taking into consideration the intent and purpose of this section and the several standards contained in subsection (d) of this section.

d.

Owners of existing towers shall not be permitted to charge excessive fees for co-location.

(2)

Failure or refusal to permit. If a provider fails or refuses to permit co-location on a facility owned or otherwise controlled by such provider, where co-location is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of, and in direct contradiction to, the basic policy, intent and purpose of the village. In such case, such facility shall be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect. The provisions of this subsection are designed to carry out and encourage conformity with the policy of the village.

(h)

Removal of facilities.

(1)

Every approval of a wireless communication facility shall be subject to revocation and removal upon the occurrence of one or more of the following:

a.

When the facility has not been used for 90 days or more. For purposes of this subsection, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.

b.

Six months after new technology is available at reasonable cost as, determined by the village council, which permits the operation of the communication system without the requirement of the support structure, or with a support structure which is lower and/or more compatible with the area.

c.

When the facility is not maintained in accordance with the standards set forth in this section and written notice of the deficiencies is delivered to the user and the user fails to correct the deficiencies within 60 days after such notice.

d.

Any material breach of any of the conditions of the permit.

(2)

The situations in which removal of a facility is required, as set forth in subsection (h)(1) of this section, may be applied and limited to portions of a facility.

(3)

Upon the occurrence of one or more of the events requiring removal or lowering of the tower, as specified in subsection (h)(1) of this section, the persons who had used the facility shall immediately apply for, and obtain, any required demolition, reconstruction or removal permits, and immediately proceed with, and complete, the demolition, alteration or removal, restoring the premises to an acceptable condition, as reasonably determined by the building department.

(4)

If the required removal of a facility, or portion thereof, has not been lawfully completed within 30 days of the applicable deadline, and after at least ten days' written notice, the village may remove or procure the removal of the facility, or required portions thereof, with the actual cost and reasonable administrative charge for such removal to be drawn, collected and/or enforced from or under the security posted at the time application was made for establishing the facility.

(5)

The entity using the facility shall immediately notify the village building department, in writing, if, and as soon as, use of a facility ceases.

(i)

Term of final approval; commencement of construction. Final approval to construct a wireless communication facility shall be effective for a period of six months, and if commencement of construction has not begun by such date the permit shall expire without further notice and the applicant shall have no further rights under the permit. Once construction of a facility has begun, it shall be completed within three months unless the time period is extended by the village manager for good cause shown. Permits may be granted for up to ten years. After such period of time, a renewal of the permit must be obtained for continued operation. No permit is assignable without the written consent of the village.

(Ord. No. 203, 8-18-1998)

Cross reference— Telecommunications, ch. 32.